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Product Liability - Damages
Once a product has been proven defective in a lawsuit, the injured person is usually entitled to damages. Damages is a legal term for the award an injured person obtains after winning the lawsuit. In product liability cases, damages are called "compensatory damages."
There are two types of compensatory damages:
- Damages awarded for economic losses;
- Damages awarded for non-economic losses.
Economic losses due to an injury can usually be easily calculated. Medical bills, prescription costs, and lost wages are some examples of economic losses.
Non-economic loss consists of those losses that are difficult to quantify. Most non-economic loss is for the "pain and suffering" associated with injuries suffered from the defective product. Damages awarded for non-economic losses are generally monies determined to compensate for the pain, suffering and inconvenience caused by the defective product.
In addition to compensatory damages, the court can also order the payment of additional money to punish the defendants responsible for the defective product. This type of an award is called punitive damages.
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